SUBSTITUTED MEMORANDUM AND RULING ON MOTION TO DISMISS
ARTERTON, District Judge.
Petitioner Vincent Fuller brought this petition for a writ of habeas corpus, stay of deportation and remand to the Immigration Judge ("IJ") for further proceedings. Respondent, the Immigration and Naturalization Service ("INS") now moves to dismiss Mr. Fuller's petition for lack of subject matter jurisdiction.
I. FACTUAL BACKGROUND
Mr. Fuller was a lawful permanent...
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